ESG Report of the
ENEA Capital Group for 2021

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12. Tax

Accounting rules

Income tax (including deferred income tax)

Income tax recognised in profit or loss for the period covers actual the actual tax burden for the given reporting period, calculated in accordance with the applicable provisions of the act on corporate income tax and potential adjustments of tax returns for previous years.

Deferred tax is the tax effect of events in a given period recognised using the accrual principle in accounting books  for the period but is performed in the future. It arises when the tax effect of revenue and costs is the same as the balance sheet effect but takes place in different periods.

Deferred income tax arises in respect of all temporary differences, except for cases where deferred income tax results from:

  1. initial recognition of goodwill; or
  2. initial recognition of an asset or liability from a transaction that:
    • is not a merger of economic entities; and
    • has no impact at the transaction date on gross financial result or taxable income (tax loss);
  3. investment in subsidiaries, branches, associates and interests in joint

In reference to all negative temporary differences, a deferred income tax asset is recognised up to an amount of likely taxable income to be generated that will offset the negative temporary differences.

The amount of deferred tax is set using income tax rates in effect for the year in which the tax obligation arises.

Significant judgements and estimates

Recoverability of deferred income tax assets

Deferred income tax assets are measured using tax rates in effect when the asset is performed. The Group recognises a deferred income tax asset with the assumption that it will generate a tax profit in the future to use it.

The likelihood of using deferred income tax assets against future tax profits is based on the budgets of Group companies.

Income tax

Year ended
31 December 2021 31 December 2020
current tax (514 310) (290 339)
deferred tax 146 147 659 551
Income tax (368 163) 369 212

Income tax on the Group’s gross profit before tax differs from the theoretical amount that would be received by using the applicable nominal tax rate applicable to the consolidated companies as follows:

Year ended
31 December 2021 31 December 2020
Profit/(loss) before tax 2 154 633 (2 603 549)
Tax calculated using the 19% rate (409 380) 494 674
Non-deductible costs (permanent differences * 19%) (6 758) (128 728)
Non-taxable revenue (permanent differences * 19%) 14 680 8 075
Reversal of impairment – Elektrownia Ostrołęka 33 384
Other * 19% (89) (4 809)
Decrease of financial result due to income tax (368 163) 369 212

Deferred income tax

Changes in deferred income tax assets and provision (after offsetting assets and provision at Group level) are as follows:

As at
31 December 2021 31 December 2020
Deferred income tax assets 2 867 857 2 262 460
Offset of deferred income tax assets and provision (1 466 985) (966 399)
Deferred income tax assets after offset 1 400 872 1 296 061
Deferred income tax provision 1 940 770 1 411 493
Offset of deferred income tax assets and provision (1 466 985) (966 399)
Deferred income tax provision after offset 473 785 445 094

Deferred income tax assets as at 31 December 2021 to be realised within 12 months amounted to PLN 1 360 715 thousand (PLN 876 244 thousand as at 31 December 2020), while those over 12 months PLN 1 507 142 thousand (PLN 1 386 216

thousand as at 31 December 2020).

Deferred income tax provision as at 31 December 2021 to be realised within 12 months amounted to PLN 863 348 thousand (PLN 361 512 thousand as at 31 December 2020), while those over 12 months PLN 1 077 422 thousand (PLN

1 049 981 thousand as at 31 December 2020).

As of 31 December 2021, there were no indications of the risk of a lack of recoverability of deferred income tax assets. According to the Group, the differences between the tax value and balance sheet value of tangible assets will be fully realised in the coming periods.

Change in deferred income tax assets and liabilities during the year (before offset):

Deferred income tax assets:

Employee benefit liabilities Provision for the cost of energy origin certificates Provision for storage, rehabilitation and CO2 emission allowance purchases Taxable costs after end of accounting period Differences between balance sheet value and tax value of tangible assets Impairment of non-financial tangible assets Liabilities concerning hedge deposits for futures transaction to purchase CO2 emission allowances Other Total
As at 1 January 2020 233 635 36 591 256 562 2 386 124 887 350 672 10 773 344 663 1 360 169
(Charge)/addition to profit or loss 3 363 (4 176) 117 157 142 (27 202) 646 608 108 395 23 098 867 385
Recognised in other comprehensive income 14 423 20 483 34 906
As at 31 December 2020 using the 19% rate 251 421 32 415 373 719 2 528 97 685 997 280 119 168 388 244 2 262 460
As at January 2021 251 421 32 415 373 719 2 528 97 685 997 280 119 168 388 244 2 262 460
(Charge)/addition to profit or loss 6 575 38 430 172 968 669 (30 312) (6 578) 420 520 72 761 675 033
(Charge)/addition to other comprehensive income (19 071) 27 (50 592) (69 636)
As at 31 December 2021, using the 19% rate 238 925 70 845 546 687 3 197 67 400 990 702 539 688 410 413 2 867 857
* including property, plant and equipment, other intangible assets and perpetual usufruct of land.

As at 31 December 2021, tax losses to be settled in future periods amounted to PLN 45 528 thousand. This amount was taken into account in calculating the deferred income tax assets and is presented in the column “Other.” This column also includes an asset from a provision for onerous contracts.

Deferred income tax provision:

Taxable income after end of accounting period Recorded, uninvoiced sales Differences between balance sheet value and tax value of tangible assets* Net provision for mine liquidation Hedge deposits for futures transactions to purchase CO2 emission allowances Other Total
As at 1 January 2020 17 274 45 635 1 055 035 10 264 14 213 61 771 1 204 192
Charge/(addition) to profit or loss (4 311) (425) 55 761 212 105 956 50 641 207 834
Recognised in other comprehensive income (533) (533)
As at 31 December 2020 using the 19% rate 12 963 45 210 1 110 796 10 476 120 169 111 879 1 411 493
As at January 2021 12 963 45 210 1 110 796 10 476 120 169 111 879 1 411 493
Charge to profit or loss 9 536 14 032 73 695 511 420 566 10 546 528 886
Charge to other comprehensive income 391 391
As at 31 December 2021, using the 19% rate 22 499 59 242 1 184 491 10 987 540 735 122 816 1 940 770
* The differences stem from fair-value measurements of tangible assets and differences in amortisation rates.

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